B-143756, AUG. 26, 1960

B-143756: Aug 26, 1960

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

SINCE THE FACTS IN YOUR CASE AND THE REASONS FOR ITS DISAPPROVAL ARE FULLY SET FORTH IN OUR SETTLEMENT THERE IS NO NEED TO REPEAT THEM HEREIN. YOU CONTEND THAT AN ERROR WAS MADE WHEN THE ADMINISTRATIVE AGENCY DETERMINED THE RATE OF COMPENSATION WHEN YOU WERE REINSTATED BECAUSE SUCH DETERMINATION WAS BASED UPON YOUR PHYSICAL CONDITION. THERE IS NO VESTED RIGHT IN AN EMPLOYEE UPON REEMPLOYMENT TO RECEIVE THE HIGHEST SALARY RATE PREVIOUSLY PAID. IT IS WITHIN THE ADMINISTRATIVE DISCRETION TO DETERMINE THAT THE INITIAL SALARY RATE SHALL BE AT THE MINIMUM SALARY OF THE GRADE TO WHICH APPOINTED. THE EVIDENCE SUBMITTED BY THE ADMINISTRATIVE OFFICE SHOWS THAT YOU WERE REEMPLOYED AT THE MINIMUM RATE OF YOUR GRADE IN ACCORDANCE WITH THE RECOMMENDATION OF YOUR SUPERVISOR.

B-143756, AUG. 26, 1960

TO MISS MARGARET E. WILCOXSON:

YOUR LETTER OF AUGUST 1, 1960, REQUESTS RECONSIDERATION OF OUR OFFICE SETTLEMENT OF JULY 14, 1960, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL COMPENSATION ALLEGED TO BE DUE YOU AS AN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE. SINCE THE FACTS IN YOUR CASE AND THE REASONS FOR ITS DISAPPROVAL ARE FULLY SET FORTH IN OUR SETTLEMENT THERE IS NO NEED TO REPEAT THEM HEREIN.

YOU CONTEND THAT AN ERROR WAS MADE WHEN THE ADMINISTRATIVE AGENCY DETERMINED THE RATE OF COMPENSATION WHEN YOU WERE REINSTATED BECAUSE SUCH DETERMINATION WAS BASED UPON YOUR PHYSICAL CONDITION. THERE IS NO VESTED RIGHT IN AN EMPLOYEE UPON REEMPLOYMENT TO RECEIVE THE HIGHEST SALARY RATE PREVIOUSLY PAID. IT IS WITHIN THE ADMINISTRATIVE DISCRETION TO DETERMINE THAT THE INITIAL SALARY RATE SHALL BE AT THE MINIMUM SALARY OF THE GRADE TO WHICH APPOINTED. THE EVIDENCE SUBMITTED BY THE ADMINISTRATIVE OFFICE SHOWS THAT YOU WERE REEMPLOYED AT THE MINIMUM RATE OF YOUR GRADE IN ACCORDANCE WITH THE RECOMMENDATION OF YOUR SUPERVISOR. THUS, YOU WERE APPOINTED AT THE RATE ACTUALLY INTENDED. THE ADMINISTRATIVE OFFICE HAS CONCLUDED THAT NO EVIDENCE EXISTS OF ADMINISTRATIVE ERROR, AND WE FIND NO PROPER BASIS ON THE RECORD BEFORE US TO HOLD OTHERWISE. THEREFORE, AND SINCE OUR OFFICE SETTLES CLAIMS ON THE BASIS OF THE APPLICABLE LAWS AND REGULATIONS, THE SETTLEMENT OF JULY 14, 1960, IS SUSTAINED.